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april 2008

Supreme Court of India · 2008-04-29

M/S. KVAVERNER JOHN BROWN ENGR.LTD. vs ASSISTANT COMMISSIONER OF INCOME TAX

Citation / case number
SC 2007/7122
Court
Supreme Court of India
Petitioner
M/S. KVAVERNER JOHN BROWN ENGR.LTD.
Respondent
ASSISTANT COMMISSIONER OF INCOME TAX
Bench
S.H. KAPADIA & B. SUDERSHAN REDDY

Judgment text excerpt

The Supreme Court held that the appellant-assessee was not liable to pay additional tax under Section 143(1A) of the Income-tax Act, 1961, as the adjustments made under Section 143(1)(a) were not applicable due to conflicting judgments regarding the interpretation of Section 80-O. The Court emphasized that prima facie adjustments were not warranted in this case, as the matter required determination under regular assessment as per Section 143(3). Consequently, the impugned judgment was set aside, and the civil appeals were allowed with no order as to costs.

M/S. KVAVERNER JOHN BROWN ENGR.LTD. vs ASSISTANT COMMISSIONER OF INCOME TAX · Niyam